OPP deputy commissioner Blair fired through ‘illegal process’: Lawyer

TORONTO—The Ford government followed no legal process, abused its power and sunk itself further into a conflict of interest with the firing of deputy commissioner Brad Blair, his lawyer says.

Blair was fired on Monday by the province. He raised the alarm about the process used to choose the next OPP commissioner last year. That process led to Premier Doug Ford’s family friend Ron Taverner being appointed commissioner.

In court filings, Blair said he believes his firing is “reprisal” and an “attempt to muzzle” him.

However Taverner’s appointment has been postponed while the integrity commissioner investigates.

Blair — who was passed over in the hiring process — filed a complaint with the ombudsman in December, in the hopes that he would also start an investigation. Ombudsman Paul Dubé rejected the request and Blair has now taken the office to court in the hopes of forcing it to investigate.

In a lengthy teleconference, Blair’s legal counsel, Julian Falconer argued that Blair’s firing as a police officer is invalid because the government didn’t follow the process required under the police act.

“This is exactly what abuse of power looks like, they make it up as they go, they have not afforded one ounce of process,” Falconer told reporters Wednesday.

The province has said that Blair was fired based on the recommendation of Deputy Community Safety Minister Mario Di Tommaso, which was approved by the panel of deputy ministers that sits on the public service commission.

Community Safety Minister Sylvia Jones has said that she then brought an order in council to cabinet that revoked Blair’s appointment as deputy commissioner of the OPP.

In a statement the government did not directly address Falconer’s accusations, but still defended the process that led to Blair’s firing.

“Mr. Blair’s employment was terminated by a decision of a 9-member panel of deputy ministers that make up the Public Service Commission,” said Ford’s spokesperson, Simon Jefferies.

“These are some of the most senior civil servants from across government, many of whom have served the public for decades with governments of all political stripes. It is insulting to their independence and professionalism to suggest that they are “tools” of anyone other than the public they serve.”

Falconer said any discipline of Blair should have followed the process set out in the Police Services Act. While the government has referenced the act while answering questions on the matter, Falconer said none of the processes in the act were followed.

He said that should have included Blair being notified about the allegations that could lead to termination, and a right to respond to those allegations.

“If you want to know what abuse of power looks like in 2019, the firing of Brad Blair is precisely a walking poster child for abuse of power,” Falconer said.

“In this case, Brad Blair had no idea that the target of the ombudsman’s investigation was meeting with the commission. Had no opportunity to respond or reply to the allegations that led to the legally embarrassing termination of his 33-year career. Nothing. Not an ounce of process.”

Because that process wasn’t followed, Falconer said Blair continues to be a sworn police officer.

He also took issue with Di Tommaso’s involvement in the firing process that he said already wasn’t legal.

Di Tommaso is one of the subjects of Blair’s complaint because of his previous relationship with Taverner. He was Taverner’s direct boss with the Toronto police until Di Tommaso was appointed by Ford to the job of deputy minister.

“The conflicts of interest that abound in this case are mind blowing,” Falconer said. “Each step has mired them more in serious conflict of interest allegations, that they seem to not understand.”

Following Falconer’s comments, the Green party and NDP reiterated their calls for a public inquiry into Blair’s firing and Taverner’s hiring.